About Elizabeth B. Carpenter

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So far Elizabeth B. Carpenter has created 383 blog entries.

Is Logging into a Friend’s Netflix Account a Federal Crime?

  United States vs. Nosal - Recent Ninth Circuit Court of Appeals Decision   You access your friend's Netflix account after he gave you permission to use it with his login and password. Did you just commit a federal criminal offense?   Earlier this year, the Ninth Circuit Court of Appeals decided 2-1 that sharing passwords to access computer databases can be grounds for criminal prosecution. The case was brought to the Appeals Court after David Nosal, an employee at the executive search firm Korn and Ferry International. Nosal left the firm in 2004 after being denied a promotion. Though [...]

Prison Litigation Reform Act

  Litigating Claims Under the P.L.R.A. Under the Eighth Amendment to the U.S. Constitution, prisoners shall be protected from inhumane treatment or anything considered to be “cruel and unusual” while they are incarcerated in a U.S. Prison. When the Eighth Amendment was first passed to protect prisoners, “cruel and unusual” meant extreme forms of torture or death. However, revisions have been made to the law to prohibit conditions such as sexual assault, violence, poor prison living conditions, and lack of proper medical treatment. Unfortunately, prisoners are still victims of inhumane treatment in prisons across the United States. In 1996, in [...]

By |2016-08-08T22:06:48+00:00August 8th, 2016|Categories: Prison Reform|Tags: , , |

SCOTUS Update: Foster v. Humphrey

  Foster v. Humphrey U.S. Supreme Court Decision Last year, I wrote about United States Supreme Court agreeing to hear argument in the case of Foster v. Humphrey. This case is out of the state of Georgia and involves an African American man that was convicted of murder by an all-white jury. Timothy Tyrone Foster was convicted of murdering a 79-year-old school teacher in 1987. During the murder trial, the defense raised the objection that the state prosecutors intentionally excluded African American jurors during the jury selection. The trial court denied Foster’s claim that racial discrimination was committed during jury selection. [...]

By |2016-06-30T00:22:51+00:00June 30th, 2016|Categories: Case Law, U.S. Supreme Court|Tags: , |

New Louisiana Human Trafficking Laws

  New Louisiana Laws Aim to Crack Down on Human Trafficking In the eyes of some social-service agencies and law-enforcement officials, Louisiana has proven to be a hub for human trafficking. Young women – some under 18, some a little older -- are regularly brought into the state, or recruited from within, and allegedly forced into prostitution by their handlers.   With that in mind, state Rep. Ronnie Johns, a Sulphur Republican, authored a few bills during the spring aimed at addressing the so-called human trafficking problem. Both bills received little or no opposition, and they have since been signed [...]

By |2016-06-19T17:55:04+00:00June 19th, 2016|Categories: Legislative News, Sex Crimes|Tags: , |

2016 Proposed Legislative Changes Sex Offender Registry

  Proposed Louisiana law seeks to further erode privacy of sex-offender registrants   The Louisiana State Senate on May 24 passed House Bill 1146, which aims to give the public access to email addresses and online screen names of registered sex offenders. House members passed it earlier in May. The impetus behind the bill, which won unanimous approval of both chambers with support of Democrats and Republicans alike, is unclear. State Rep. Cameron Henry, R-Metairie, who sponsored the legislation, has told The (Baton Rouge) Advocate that the bill is aimed at helping parents keep their children away from sex offenders [...]

By |2016-06-01T20:08:09+00:00June 1st, 2016|Categories: Legislative News, Sex Crimes|Tags: , |

New ‘violent felony’ ruling from SCOTUS may provide sentence relief

  Welch vs. United States: Supreme Court Holds that Johnson vs. United States is Retroactive A recent U.S. Supreme Court ruling may make it possible for some convicted felons who were later sent to prison for possessing a firearm to obtain relief from their sentences. The issues surrounding the Court’s new attitude toward firearm-possession rules are complicated. Put simply, United States law prohibits convicted felons from possessing a firearm. The maximum sentence for a felon convicted under this statute is 10 years, but the sentence is enhanced to a minimum of 15 years and a maximum of life imprisonment if [...]

Louisiana Lawmakers Want to Regulate Use of Drones

  Bills to regulate drones hovering in Louisiana Legislature Amid booming sales of drones (unmanned aircraft) across the nation, states are trying to figure out how to regulate their commercial and recreational use. In many cases, lawmakers at the state and federal level are debating whether regulations are needed, given that most statutes already address any crime in which a drone might be used as a tool to carry out the offense.   This also is the case in Louisiana, where a few bills addressing drone issues are winding through the 2016 legislative session. To date, the state has few [...]

By |2016-04-15T14:05:11+00:00April 15th, 2016|Categories: Legislative News|Tags: , , , |

Attorney Carpenter Wins Motion to Remove Client from Sex Registry

  New Lease on Life: Attorney Elizabeth Carpenter Wins Petition to Remove Client from Sex Offender Registry A Louisiana man now has a “new lease on life” by no longer having to register with local authorities as a sex offender, thanks to the efforts of Elizabeth B. Carpenter, Esq.   The man, now in his late 30s, was only a freshman in college when he was convicted of felony carnal knowledge of a juvenile in the late 1990s following intimate contact with a minor who was only a few years younger than him. Earlier this week, Carpenter successfully argued a [...]

By |2017-04-20T21:15:26+00:00April 15th, 2016|Categories: Firm News and Press|

Louisiana 2016 Legislative Session: Bills to Watch

  2016 Legislative session to address gun, marijuana, job laws The regular session of the Louisiana Legislature got underway March 14 and continues through June 6. While the big question concerns how lawmakers plan to balance the state’s gaping billion-dollar-plus budget hole, a variety of bills concerning guns and drugs are being monitored by criminal-defense lawyers and other legal observers.   FIREARMS Near two-dozen bills on the table involve handguns and concealed-carry rights. For example, Rep. Barry Ivey, a Republican from Baton Rouge, filed a bill to amend the Louisiana Constitution to allow anyone 21 or older to carry a [...]

By |2016-03-31T15:43:59+00:00March 31st, 2016|Categories: Legislative News|Tags: , , |

New Orleans City Council reduces penalties for pot possession

  Penalties for Marijuana Possession Reduced in New Orleans About a month ago, I wrote about the possibility of the New Orleans City Counsel reducing the penalties for possession of Marijuana in the city limits. The Counsel voted unanimously on March 17 to allow police more leeway in issuing citations for simple marijuana possession. The 7-0 decision marks a policy change by city leaders that’s aimed at reducing the number of arrests for minor drug crimes, the Times-Picayune newspaper reported. A city ordinance already gave New Orleans police the authority to write a ticket for first-offense possession. The ordinance that [...]